Inherently governmental activities, which are defined as work functions required to be performed by Federal employees, are not subject to the FAIR Act. However, VA reports on the number of employees aligned with activities that have been deemed to be commercial in nature, as well as those functions that are inherently governmental per OMB request. VA compiled its Inventory of Commercial Activities in accordance with OMB guidance that contained the following information.
VA summarized the distribution of full time employees (FTE) by functional code in a document entitled the Department of Veterans Affairs FY 2007 FAIR Act Inventory of Commercial Activities. It should be noted that identified activities within the Veterans Health Administration were germane to all facilities and there was no delineation for different occupational codes within a specific activity. This was done to ensure that there were no geographic differences in the classification of an activity. The Veterans Benefit Administration and the National Cemetery Administration were also consistent in their approach to reporting commercial activities within their respective organization.
OMB provided guidance on Appendix 2, paragraph I, A-76 Revised Supplemental Handbook (Transmittal Memorandum No. 20), and specified that Year 2005 Annual Report on Management of Commercial Activities should include the following elements:
The VA 2007 FAIR Act Annual Management Report is provided along with process maps that outline how VA developed its inventory and managed challenges or appeals. It should be noted the contents of the VA Management Report are not subject to an administrative challenge.